Constitution of the Virtual Commonwealth of Cyberia
Article 1 - Fundamental Rights and Freedoms Equality 1.1. Everyone is equal before the law. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation is prohibited. Right to vote 1.2. All Cyberian citizens, unless convicted of treason, have the right to vote in all applicable elections and public polls in the Commonwealth. Consensual acts 1.3. No adult person may be prohibited by law from engaging in consensual acts with other adults unless they physically harm the person or property of nonconsenting others. Freedom of expression and assembly 1.4. The government shall make no law abridging or restricting freedom of speech, expression or assembly. Freedom of religion 1.5. The government shall make no law respecting any establishment or belief of religion, including any law favouring or disfavouring religion in any manner. The government shall make no law prohibiting the free, non governmental exercise of religion. Due process 1.6. All persons shall be guaranteed due process of law in all criminal and administrative procedures. No person shall be compelled to incriminate him or herself in any criminal or administrative proceeding. The government shall not restrict the right to own private property and shall not take the property of any person without offering just compensation therefore. Right to justice 1.7.1. Everyone has the right to the observance of the principles of natural justice by any court or other public authority which has power to determinate their rights, obligations, or interests according to law. 1.7.2. Everyone whose rights, obligations, or interests according to law have been affected by a determination of any court or other public authority has the right to apply, in accordance with law, for judicial review of that determination. 1.7.3. Everyone has the right to bring or defend civil proceedings against the Commonwealth, and to have those proceedings heard according to law in the same way as civil proceedings between individuals. 1.7.4. PRESUMPTION OF INNOCENCE Everyone charged with a criminal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which they have all the guarantees necessary for their defence. 1.7.5. FAIR TRIAL Any person accused of crimes shall be guaranteed a speedy and fair trial by a jury of her peers, information of the nature and cause of the accusation, the right to confront her accusers in a court of law and the right to present a defence with the effective assistance of counsel. Criminal punishment 1.8. Excessive bail and fines shall not be imposed and there shall be an absolute prohibition on cruel and unusual punishments, including, but not limited to, the death penalty. Freedom from slavery 1.9. Neither slavery nor involuntary servitude (the exception being punishment for a crime committed) shall exist in Cyberia. No person shall be forced or drafted into serving in the armed forces of Cyberia or any Province against her own will. Freedom of political choices 1.10. Every citizen is free to make political choices, which includes the right: 1.10.1. to form a political party or register as an independent; 1.10.2. to participate in the activities of, or recruit members for, a political party; and 1.10.3. to campaign for a political party or cause. Subsidiarity 1.11. All powers not delegated to the Commonwealth by the Constitution, nor prohibited by it to the Provinces, shall be reserved to the Provinces, or to the people. Application of rights 1.12. The rights guaranteed by this constitution apply to all tiers of government in this Commonwealth. The National Assembly may enforce this article by appropriate legislation. Treason 1.13. Treason against the Commonwealth consists only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person may be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Sedition 1.14. Sedition against the Commonwealth consists only in attempting by force to overthrow or destroy the Government of the Commonwealth, or to levy war against the same, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the Commonwealth, or by force to seize, take, or possess any property of the Commonwealth. Prohibited governmental action 1.15. No bill of attainder or ex post facto law may be passed. No law impairing the obligation of contracts, and no law making any irrevocable grant of special privileges or immunities may be passed. No conviction may work corruption of blood or forfeiture of estate. Right to the integrity of the person 1.16. Everyone has the right to respect for their physical and mental integrity. Right to know 1.17. No person may be deprived of the right to examine documents or to observe the deliberations of all organs of state of this Commonwealth and its political subdivisions, except in cases in which the demand of individual privacy or national security clearly exceeds the merits of public disclosure. Article 2 - Basic Rights and Freedoms Habeas Corpus 2.1. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it. Right to bear arms 2.2. The government shall make no law abridging the rights of adult citizens of sound mind and lawful character to lawfully own and bear arms, requiring citizens to quarter soldiers, or restricting the rights of citizens to petition the government for redress of grievances. Searches and seizures 2.3. Everyone has the right to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures. No warrants may issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Freedom of reproduction 2.4. The right of a woman to obtain an abortion shall not be abridged by the government nor shall the government make any law abridging the right to marry or procreate or to utilise methods of contraception. Medical rights 2.5. In the fields of medicine and biology, the following must be respected in particular: 2.5.1 the free and informed consent of the person concerned, according to the procedures laid down by law, 2.5.2 the prohibition of eugenic practices, in particular those aiming at the selection of persons, 2.5.3 the prohibition on making the human body and its parts as such a source of financial gain, 2.5.4 the prohibition of the reproductive cloning of human beings. Article 3 - Legislative Power Legislative power 3.1. The legislative power of the Commonwealth is delegated to the National Assembly. Extent of legislative power 3.2 The National Assembly may make laws: 3.2.1. to lay and collect taxes, duties, imposts, and excises, but all duties, imposts, and excises shall be uniform throughout Cyberia; 3.2.2. to pay the debts and provide for the common defence and general welfare of Cyberia; 3.2.3. to borrow money on the credit of Cyberia; 3.2.4. to regulate commerce; 3.2.5. to establish uniform rules of naturalisation, marriage, and bankruptcies; 3.2.6. to regulate the value of and issue the Cyberian currency; 3.2.7. to provide for the punishment of counterfeiting the securities and currency of Cyberia; 3.2.8. to promote the progress of science and useful arts; 3.2.9. to define and punish piracy; 3.2.10. to declare war and peace, grant Letters of Marque and Reprisal, and make rules concerning the acquisition of new territories and waters; 3.2.11. to make rules regarding the raising, supporting, and governing of armed services; 3.2.12. to charter the creation of inferior federal courts or to vest federal jurisdiction in provincial courts; 3.2.13. to provide for the government of the Federal District of Cyberia; 3.2.14. to provide a process for the granting of citizenship; 3.2.15. to provide for the proper organisation of all elections in the Commonwealth; 3.2.16. in unorganized provinces concerning any other matter than those previously stated; 3.2.17. and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. National Assembly 3.3. The National Assembly must consist of all citizens of the Commonwealth, excluding the President of the Commonwealth and permanent judges. Rules of order 3.4. The National Assembly must establish rules of order and internal voting procedures. Such rules are not subject to the Presidential veto. Officers 3.5. The assembly must elect its officers. The Speaker (including anyone acting as speaker) must be a member of the assembly. The assembly may remove any of its officers. 3.5.1 SPEAKER ELECTION The Speaker of the National Assembly must be elected at the same day as the President of the Commonwealth, using the single transferable vote. Quorum 3.6. A majority of the membership is a quorum to do business. Form of bills 3.7. Every bill must be confined to one subject unless it is an appropriation bill or one codifying, revising, or rearranging existing laws. Bills for appropriations must be confined to appropriations. The subject of each bill must be expressed in the title. The enacting clause must be: "Be it enacted by the National Assembly of the Commonwealth of Cyberia." Passage of bills 3.8. The National Assembly may establish the procedure for enactment of bills into law. No bill may become law without an affirmative vote of a majority of deputies. The ayes and nays on final passage must be public. Supermajority 3.9. A bill or resolution which requires a supermajority must, on its final passage, receive the affirmative votes of more than half of all the members; and the affirmative votes of at least two-thirds of those voting (abstentions not being counted). Veto 3.10. The President may veto bills passed by the National Assembly. They may, by veto, strike or reduce items in appropriation bills. They must return any vetoed bill, with a statement of objections, to the National Assembly. Action upon veto 3.11. Upon receipt of a veto message, the National Assembly must reconsider passage of the vetoed bill or item. Vetoed bills become law by a supermajority of the National Assembly. The vote on reconsideration of a vetoed bill must be public. Bills not signed 3.12. A bill becomes law if the President neither signs nor vetoes it within 7 days after its delivery to him. Effective Date 3.13. Laws passed by the National Assembly become effective 7 days after enactment. The National Assembly may, by supermajority, provide for another effective date. Impeachment 3.14. All officers of the Commonwealth are subject to impeachment by the National Assembly. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment must be conducted by the National Assembly. A supermajority of deputies is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in the courts on the same or related charges. Constitutionality and severability 3.15. The Supreme Court has original, final and conclusive jurisdiction to determine the constitutionality of a law made by the National Assembly, and every such law is, to the extent of its inconsistency with this Constitution and not otherwise, void and of no effect. Public records 3.16. All proceedings of the National Assembly are a matter of public record. Closed meetings 3.17. There must be no closed meetings unless deemed necessary by a supermajority of the National Assembly for matters of national security. Legislative participation 3.18. The President of the Commonwealth may speak in the Assembly, introduce bills and motions, but may not vote. Article 4 - Executive Power Executive power 4.1. The executive power of the Commonwealth is delegated to the President. Presidential qualifications 4.2. Everyone who voted in the previous presidential election is eligible to the Presidency. Election 4.3. The President must be elected by the National Assembly using the single transferable vote. 4.3.1. Presidential elections must be held on the second Saturday in February, June and October in every year, but the month and day may be changed by law. Voting must continue for 48 hours and no longer. Term of office 4.4. The presidential term is four months. Dual office holding 4.5. The President may not hold any office or position of profit in the legislative or judicial branch of the government. Vacancy 4.6. If the presidency becomes vacant there must be a special election within 7 days. Acting President 4.7. When the President is absent from Cyberia or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, the order of temporary succession as acting president is: 4.7.1. The Deputy President. 4.7.2. A Minister designated by the President. 4.7.3. A Minister designated by the Cabinet. 4.7.4. The Speaker, until the National Assembly designates one of its other members. Powers of the Acting President 4.8. An Acting President has the responsibilities, powers and functions of the President. Deputy President 4.9. The President must appoint the Deputy President, subject to legislative confirmation. The Deputy President must head a department and otherwise assist the President in the execution of the functions of government. Cabinet 4.10. The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers. Appointing the Cabinet 4.11. The President appoints the Deputy President and Ministers, assigns their powers and functions by executive order, and may dismiss them. Continuation of the Cabinet 4.12. When a presidential election is held, the Cabinet, the Deputy President, and any Ministers remain competent to function until the person elected President assumes office. Absence 4.13. If for a period of 14 days, the President has been continuously absent from office or unable to discharge the office by reason of mental or physical disability, the office must be deemed vacant. Compensation 4.14. The compensation of the President must be prescribed by law and must not be diminished during their term of office, unless by general law applying to all salaried officers of the Commonwealth. President's authority 4.15. The President is responsible for the faithful execution of the law and may, by appropriate court action or proceeding brought in the name of the Commonwealth, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the Commonwealth or any of its political subdivisions. This authority must not be construed to authorise any action or proceeding against the National Assembly. Convening National Assembly 4.16. Whenever the President considers it in the public interest, they may convene the National Assembly. Messages to National Assembly 4.17. The President must, at the beginning of each presidential term, and may at other times, give the National Assembly information concerning the affairs of the Commonwealth and recommend the measures they consider necessary. Military authority 4.18. The President is commander-in-chief of the armed forces of the Commonwealth and may call out these forces to execute the laws, suppress or prevent insurrection or lawless violence, or repel invasion. The President, as provided by law, must appoint all general and flag officers of the armed forces of the Commonwealth, subject to legislative confirmation. He must appoint and commission all other officers. Martial law 4.19. The President may proclaim martial law when the public safety requires it in case of rebellion or actual or imminent invasion. Martial law must not continue for longer than 7 days without the approval of an absolute majority of the members of the National Assembly. Each measure taken in terms of a proclamation of martial law must be immediately reported to the National Assembly and is subject to legislative disallowance within 7 days. Virtual authority 4.20. The President is webmaster-in-chief of the Commonwealth and must maintain the website and forum of the Commonwealth. Foreign relations 4.21. The relations of the Commonwealth with foreign powers are determined by the President. Treaties concluded with foreign micronations must, however, be approved by a supermajority of the National Assembly if they contain provisions which conflict with the Constitution or the laws. Decisions concerning war and peace must be made by the President with the consent of a supermajority of the National Assembly. Executive clemency 4.22. Subject to procedure prescribed by law, the President may grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures. This power must not extend to impeachment. A parole system must be provided by law. Executive branch 4.23. All executive and administrative offices, departments, and agencies of the Commonwealth and their respective functions, powers, and duties must be allocated by law among and within principal departments, so as to group them as far as practicable according to major purposes. Regulatory, quasi judicial, and temporary agencies may be established by law and need not be allocated within a principal department. This section does not apply to members of the presidential staff. Reorganization 4.24. The President may make changes in the organization of the executive branch or in the assignment of functions among its units. Where these changes require the force of law, they must be set forth in executive orders. The National Assembly has 7 days to disallow these executive orders. Supervision 4.25. Each principal department is under the supervision of the President. Appointments 4.26. The head of each principal department must be a single minister unless otherwise provided by law and must be appointed by the President, subject to legislative confirmation, and must serve at the pleasure of the President. Judges, ambassadors and other officers of the Commonwealth are appointed by the President subject to legislative confirmation. Members of the presidential staff are appointed by the President alone. All officers appointed under this section must be citizens of the Commonwealth. Boards and commissions 4.27. When a board or commission is at the head of a principal department or a regulatory or quasi-judicial agency, its members must be are appointed in the same manner as the Ministers and may be removed as provided by law. They must be citizens of the Commonwealth. The board or commission may appoint a principal executive officer when authorised by law, but the appointment must be subject to the approval of the President. Temporary appointments 4.28. The President may make a temporary appointment to an office subject to legislative confirmation when the officer is absent from Cyberia or otherwise unable to fulfil their duties, or during a vacancy in the office. A temporary appointment must be identified as such and its duration must be specified in the instrument of appointment. A temporary appointment to an office which is subject to presidential dismissal may be terminated by the President. Any temporary appointment may be terminated by the National Assembly. Emergency powers 4.29. If for a consecutive period of 14 days the National Assembly has no activity, the President may assume legislative functions if necessary for the well-being of the Commonwealth. Such executive orders are subject to legislative approval when the National Assembly resumes activity. No such legislative functions must be assumed by the President against the will of the National Assembly. The National Assembly may of its own accord delegate such legislative powers to the President. Article 5 - Judicial power Judicial power and jurisdiction 5.1. The judicial power of the Commonwealth is vested in a supreme court and the courts established by the National Assembly. Supreme Court 5.2. The Supreme Court is a court of record and the highest court in the nation. It consists of the chief justice and temporary justices. The number of temporary justices may be varied by law. Each justice is a member of both the trial division and the appellate division, except that sessions of the trial division must be held by one justice. At least two justices must hear and decide appeals. Decision is by a majority of those sitting. Nomination and appointment 5.3. The president must fill any judicial vacancy subject to confirmation by the National Assembly. Term 5.4. The chief justice must serve a term of four months and may be reappointed. Temporary justices serve when necessary. Vacancy 5.5. The office of any judge becomes vacant upon the resignation of the judge, the ending of their term, or their removal by impeachment. Rules 5.6. The Supreme Court shall promulgate their own rules, subject to disallowance within 14 days by the National Assembly. Appellate jurisdiction 5.7. The appellate division of the Supreme Court may review cases heard in the federal and provincial courts. Original jurisdiction 5.8. The trial division of the Supreme Court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between provinces or between provinces and the Commonwealth, admiralty and maritime cases, treason and sedition against the Commonwealth. Assignment of concurrent jurisdiction 5.9. Concurrent jurisdiction may be vested in any federal or provincial court by law. Judicial qualifications 5.10. Judges must be citizens of the Commonwealth, learned in Cyberian law, and possess any additional qualifications prescribed by law. Compensation 5.11. Judges must receive compensation as prescribed by law. Compensation of judges must not be diminished during their terms of office, unless by general law applying to all salaried officers of the Commonwealth. Restrictions 5.12. Judges while holding office may not practice law, hold office in a political party, or hold any other office or position of profit under the Commonwealth or its political subdivisions without the consent of the National Assembly. Any judge filing for another elective public office forfeits their judicial position. Permanent judges may not vote in the National Assembly. Court administration 5.13. The chief justice is the administrative head of all federal courts and may assign judges from one court or division thereof to another for temporary service. Temporary judges 5.14. The National Assembly must provide for the process of appointing temporary judges. Writs and process 5.15. All writs and other process must run in the name of the Virtual Commonwealth of Cyberia and bear test and be signed by the respective judges. Indictments must conclude, 'against the peace and dignity of the Commonwealth.' Interpretation 5.16.1. When interpreting any provision of this Constitution or a legislative act, every court, tribunal or forum must promote the purpose and objects of Articles 1 and 2 of this Constitution. 5.16.2. When interpreting any provision of this Constitution or a legislative act, every court, tribunal or forum must prefer a construction that promotes the purpose or object underlying the provision (whether that purpose or object is expressly stated or not) to a construction that would not promote that purpose or object. Article 6 - Provincial Government Object 7.1. The object of this article is to provide for maximum provincial self-government. Provincial powers 7.2. A province may exercise all legislative powers not prohibited by this Constitution or federal law or by charter. Provinces 7.3. The entire Commonwealth, except for the Federal District of Cyberia, must be divided into provinces, organised or unorganised. To be classed as an organised province, a province must comprise at least 2 Cyberian citizens, a current CyberiaWiki page and an active government. Methods by which provinces may be organised, merged, or dissolved must be prescribed by federal law. Legislature 7.4. The legislature of each organised province must comprise all citizens in that province. Executive 7.5. The governor of each organised province must be elected by and from the electors in that province, must be subject to impeachment and recall and the term of office for governor must not be longer than 6 months. 7.5.1 A different title than governor may be used, but may not be similar to titles used at the federal level. Judiciary 7.6. Any courts in the organised provinces must comprise independent magistrates. Unorganised provinces 7.7. The National Assembly must provide for the performance of services it deems necessary or advisable in unorganised Provinces, allowing for maximum provincial participation and responsibility. It may exercise any power or function in an unorganised province which the legislature may exercise in an organised province. Charters 7.8. The citizens in any province may adopt, amend, or repeal a charter in a manner provided by federal law. Agreements; Transfer of powers 7.9. Agreements, including those for co-operative or joint administration of any functions or powers, may be made by any provincial government with any other provincial government or the Commonwealth. Provincial forces 7.10. A Province must not, without the consent of the National Assembly, raise or maintain a defence force. The president may assume command of any provincial defence or police force in terms of a declaration of martial law. Conflict of laws 7.11. When a provincial charter, law or agreement is inconsistent with this Constitution or federal law, the latter must prevail, and the former is, to the extent of the inconsistency, invalid. Immunities 7.12. No federal officer is subject to criminal proceedings in any provincial court without the consent of the National Assembly. Article 8 - General Supremacy of Constitution 8.1. This Constitution is the supreme law of Cyberia; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. Amendments 8.2. The National Assembly may make amendments to this constitution by supermajority. Call by National Assembly 8.3. The National Assembly may call constitutional conventions by supermajority. Constitutional Convention 8.4. Every citizen, including the president and the judges, who is qualified to vote is a member of the convention unless they choose not to participate. Powers 8.5. Constitutional conventions have plenary power to amend or revise the constitution. Constitutional conventions elect their own president and determine their own procedures. Any amendment or revision requires, on final passage, a majority of all the members of the convention. Limitations 8.6. The republican form of government is not subject to amendment. A bill of attainder may not be passed in the form of a constitutional amendment nor may Articles 1 and 2 of this constitution be suspended with respect to any citizen or group of citizens. Category:Constitution Category:Law